2325 COM Cover Letter re Zinnia Health Objection w Exs

6 i. Based on the significant differences between a traditional hospital and the proposed use, as identified in item III (1) above, this request should be rejected by the Board. 2. REQUEST FOR CONSIDERATION THAT THE PROPOSED USE IS A NURSING HOME OR LONG-TERM CARE FACILITY AND THEREFORE PERMITTED AS A CONDITIONAL USE IN THE OB-2 ZONE. i. Due to the plain fact that the proposed use is not even called a nursing home or long-term care facility in the application, together with the reasons in item III (2) above that the proposed use and a nursing home are substantially different in nature, this proposition must also fail. ii. The planning argument that the site hosted a nursing home/ long-term care facility previously and the proposed use continues such use is not rooted in any credible evidence that demonstrates the two uses are one and the same. iii. The facts on the record thus far for this application indicate that in terms of operations, duration of stay and specific services provided by each use (nursing home/long-term care facility and proposed use), the two uses are distinctly different. Furthermore, a “nursing home” and a “long-term care residential health care facility” are permitted conditional uses in the OB-2 Zone and a “residential mental health and substance abuse treatment facility” is not even mentioned anywhere in the Township’s Chapter 25 Development Regulations. The West Orange Chapter 25 Development Regulations are structured as a “permissive” ordinance, such that in order for a use to be allowed, it must be specifically listed as either a permitted use or a conditionally permitted use. In the absence of any mention of the proposed use in Chapter 25, the use is clearly not permitted in any Zoning District in the Township of West Orange. 3. REQUEST FOR A D1 USE VARIANCE FOR A USE NOT PERMITTED IN THE ZONE, IF THE OTHER REQUESTS ARE DENIED